Thiruvananthapuram: Four south Indian states - Telangana, Karnataka, Tamil Nadu and Kerala - have upped the ante against the Draft UGC Regulations, 2025, which they have unanimously said was an attempt of the BJP-led Centre to impose its right-wing education agenda across the country. 

The leaders of the four states who attended the National Convention on UGC Regulations 2025 in Thiruvananthapuram on Thursday said the Draft Regulations 2025 would undermine the autonomy of higher education institutions and strike at the very foundations of the country's federal structure. The Thiruvananthapuram convention was the second phase of the joint attempt of south Indian states to push back against the proposed UGC reforms. The third will be held in Hyderabad soon.

The leaders were particularly upset by two aspects of the Draft regulations. One, the proposed norms for the selection of vice-chancellors. Two, the proposed eligibility criteria for vice-chancellors.

Search for VC
Under the draft regulations, the Search-cum-Selection Committee for identifying vice-chancellor candidates will have three members. One, the nominee of the Chancellor (the Governor), who shall be the Chairperson of the Search-cum-Selection Committee. Two, a nominee of the Chairman, University Grants Commission. Three, a nominee of the apex body of the university such as Syndicate/Senate/Executive Council/Board of Management/ Equivalent Body of the University. 

(Fact is, the composition of the Search-cum-Selection Committee is the same in the existing Kerala Universities Act. Till Arif Mohammad Khan took charge as Governor, the Chancellor's nominee was always chosen by the state government. But after Khan insisted on his own pick as the Chancellor's nominee, the LDF government in 2020 had tabled an amendment to the university laws removing the Chancellor's nominee from the Search-cum-Selection Committee. However, this amendment bill is still awaiting the nod of the President.)

"The primary issue with the Draft Regulations is that they do not envisage any role for the State Governments in the appointment of the vice-chancellors of public universities established under State Acts and thus impinge on the legitimate rights of the States in a federal set up," Kerala Chief Minister Pinarayi Vijayan said during his inaugural address.

The CM said that, in the selection of VCs, all powers were sought to be vested in the Chancellor by taking away the function of constituting the search-cum-selection committee from the higher education departments. "If the Chancellor can appoint anyone from a panel, undoubtedly, the appointment will be at the behest of the political powers that have appointed the Governor, as in almost all State Universities, Governors are Chancellors. In that sense, the Draft Regulations are against the basic federal principles enshrined in the Constitution," he said.

Opposition leader V D Satheesan was equally critical, he termed the VC appointment the "most contentious" aspect of the Draft regulations.

"This gives the union government an upper hand. As per the Constitution, the subject of education is in the concurrent list. These new regulations seem blind to the fact that the states are a major stakeholder in education. This also diminishes the role of state government in the appointment process, effectively centralising power and undermining the federal structure of governance in the higher education sector," he said.

Paymaster's woes
Telangana Deputy Chief Minister Mallu Bhatti Vikramarka said that universities in the country are primarily funded by the state governments. "The new guidelines have removed the only state representative from the panel formed to pick vice-chancellors. When such things happen, when there is no role for the state while appointing vice-chancellors, states become handicapped," Vikramarka said.

Karnataka's higher education minister, Dr Malapalli Chowdareddy Sudhakar, too, reminded that it was the states that funded the physical infrastructure of universities and paid salaries and pensions. "All these things have been set aside by the UGC and they are trying to override the powers of state governments," he said. "Administration is the domain of state governments. All universities have been formed through state legislation. When states have legislated and brought universities into existence, why is the UGC trying to take control of universities," Sudhakar said.

He said the buck would any way stop with the state government. "If there is any problem, say delay in examinations or results, we as public servants are answerable. If there is any malpractice in appointments, we have to answer in the floor of the House," Sudhakar said, and added: "Do you think the UGC is going to come and answer all these questions."

Pinarayi's day with Khan
The Kerala CM recollected his troubles with previous Governor Arif Mohammad Khan to elaborate why it was improper to have the offices of the Governor and Chancellor held by the same person.

"Following political interventions by the gubernatorial office in the administration of State Universities, the Kerala Legislative Assembly passed Bills that sought to prevent such excesses. However, several Bills were sat upon, questioning the autonomy of the Legislature. This prompted us to go to the Supreme Court. When the Court took exception to such extra-constitutional methods, assent was immediately given to some of them, and the rest were sent to the President. This made it clear that the Governor's office was being used for political motives, especially with regard to running state universities," Pinarayi said.

VCs mean business
The proposed eligibility criteria for VCs was another factor that has apparently disturbed the states. As it stands, the minimum qualification for a candidate for the post of VC is minimum 10 years as professor. 

The proposed UGC Regulations have widened the scope. The minimum 10 years as professor has been retained but it is just one of the three eligibilities that a potential VC can possess. If a person does not have 10 years experience as professor, she should have a minimum 10 years experience at a senior level in reputed research or academic administrative organisations or at a senior level in industry, public administration, public policy and/or public sector undertakings, with a proven track record of significant academic or scholarly contributions valid and respectable condition. 

"There is every possibility of the present political dispensation at the centre using this provision as a camouflage, behind which people of academic excellence will be substituted by people of political choice, as has happened in many of our iconic institutions, ranging from the Pune Film Institute to the ICHR. Such politically motivated interventions can seriously impinge upon the standards of higher education in the country," the Kerala CM said. 

The Telangana Dy CM echoed the sentiment. "This means you can appoint anyone of your choice. There is no need for any professorship or academic experience," Vikramarka said. 

Professors as fund collectors
Further, Pinarayi said that the Draft Regulations want to substitute the API (Academic Performance Indicator) system of evaluation with a new system that allows for a high-level of discretion. "Along with that, the provisions for the appointment of Assistant Professors, especially the non-requirement of basic degree in the core subject concerned, will prove detrimental to the country’s higher education sector," the Kerala CM said.

The CM was referring to section 3.2 of the Draft Regulations. "If the discipline/subject chosen in the 4-year undergraduate programme (NCrF level 6) or postgraduate programme (NCrF level 6.5/7) is different from the chosen discipline/subject in PhD, the discipline/subject in which a candidate obtained PhD shall be considered eligible for appointment as Assistant Professor, Associate Professor or Professor in that discipline/subject."

Previously, the CM said that promotion was a "time-bound, straightforward process". "But under the Draft Regulations, teachers must meet new, arbitrary criteria for promotion, including external fundraising and community service, which were not previously mandatory," Pinarayi said. 

The reference was to Section 3.8 of the Draft Regulations. Under this, two of the "notable contributions" that will be considered by the selection committee for recruitment and promotion of university and college teachers are: one, community engagement and service; and two, founder of a startup that has successfully raised funds through government, angel or venture funds.